Notice2023-26077
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Revolution Wind Offshore Wind Farm Project Offshore Rhode Island
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 27, 2023
Effective
November 20, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the Marine Mammal Protection Act (MMPA) as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to Revolution Wind, LLC (Revolution Wind), a subsidiary wholly owned by Orsted Wind Power North America, LLC (Orsted), for the taking of marine mammals incidental to the construction of the Revolution Wind Offshore Wind Farm Project.
Full Text
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<title>Federal Register, Volume 88 Issue 226 (Monday, November 27, 2023)</title>
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[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Pages 82834-82835]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26077]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD540]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Revolution Wind Offshore Wind
Farm Project Offshore Rhode Island
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of Letter of Authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) as
amended, and implementing regulations, notification is hereby given
that a Letter of Authorization (LOA) has been issued to Revolution
Wind, LLC (Revolution Wind), a subsidiary wholly owned by Orsted Wind
Power North America, LLC (Orsted), for the taking of marine mammals
incidental to the construction of the Revolution Wind Offshore Wind
Farm Project.
DATES: The LOA is effective from November 20, 2023 through November 19,
2028.
ADDRESSES: The LOA and supporting documentation are available online
at: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of problems
accessing these documents, please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Carter Esch, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made, regulations are
promulgated (when applicable), and public notice and an opportunity for
public comment are provided.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). If such findings are made, NMFS must prescribe the
permissible methods of taking; ``other means of effecting the least
practicable adverse impact'' on the affected species or stocks and
their habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and on the availability of
the species or stocks for taking for certain subsistence uses (referred
to as ``mitigation''); and requirements pertaining to the monitoring
and reporting of such takings. The MMPA defines ``take'' to mean
harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or
kill any marine mammal (16 U.S.C. 1362(13); 50 CFR 216.103). Level A
harassment is defined as any act of pursuit, torment, or annoyance
which has the potential to injure a marine mammal or marine mammal
stock in the wild (16 U.S.C. 1362(18); 50 CFR 216.3). Level B
harassment is defined as any act of pursuit, torment, or annoyance
which has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering (16 U.S.C. 1362(18); 50 CFR 216.3). Section
101(a)(5)(A) of the MMPA and the implementing regulations at 50 CFR
part 216, subpart I authorize NMFS to propose and, if appropriate,
promulgate regulations and issue an associated LOA(s). NMFS promulgated
regulations on October 20, 2023 (88 FR 72562) for the taking of marine
mammals incidental to the construction of the Revolution Wind Offshore
Wind Farm Project offshore of Rhode Island. The LOA authorizes
Revolution Wind and those persons it authorizes or funds to conduct
activities on its behalf to take marine mammals incidental to specified
activities during the construction of the Project and requires them to
implement mitigation, monitoring, and reporting requirements.
Summary of Request
On October 20, 2023, NMFS promulgated a final rule (88 FR 72562)
responding to a request from Revolution Wind for authorization to take
marine mammals (16 species comprising 16 stocks) by Level B harassment
(all 16 stocks) and by Level A harassment (10 stocks) incidental to
construction activities occurring in Federal and State waters off of
Rhode Island, specifically within and around the Bureau of Ocean Energy
Management (BOEM) Commercial Lease of Submerged Lands for Renewable
Energy Development on the Outer Continental Shelf (OCS) Lease Area OCS-
A 0486 (Lease Area) and along 2 export cable routes to sea-to-shore
transition points (collectively referred to as the ``Project Area''),
over the course of 5 years (November 20, 2023 through November 19,
2028). The activities covered under the final rule include: the
installation of 79 wind turbine generators (WTGs) and 2 offshore
substations (OSSs) on monopile foundations by impact pile driving; the
[[Page 82835]]
installation and subsequent removal of nearshore temporary cofferdams
and goal posts by vibratory pile driving or two casing pipes using
pneumatic hammering at the cable landfall sites at Quonset Point in
North Kingstown, Rhode Island; high-resolution geophysical (HRG) marine
site characterization surveys using active acoustic sources; the
detonation of up to 13 unexploded ordnance or munitions and explosives
of concern (UXO/MECs) of different charge weights; fishery and
ecological monitoring surveys; the placement of scour protection; the
installation of the export cable route from OSSs to shore-based
converter stations and inter-array cables between turbines by
trenching, laying, and burial activities; vessel transits within the
specified geographical region to transport crew, supplies, and
materials to support construction and operation.
Marine mammals exposed to elevated noise levels during impact
driving or UXO/MEC detonations may be taken by Level A harassment, and
marine mammals exposed to elevated noise levels during impact and
vibratory pile driving, site characterization surveys, or UXO/MEC
detonations may be taken by Level B harassment. No Level A harassment
of North Atlantic right whales, blue whales, sperm whales, Atlantic
spotted dolphins, long-finned pilot whales, or Risso's dolphins is
anticipated or authorized. No mortality or serious injury of any marine
mammal is anticipated or authorized.
Authorization
In accordance with the final rule (88 FR 72562, October 20, 2023,
see 50 CFR 217.276), we have issued a LOA to Revolution Wind
authorizing the take, by harassment, of marine mammals incidental to
specified construction activities within the specified geographical
region. No mortality or serious injury of any marine mammal species is
anticipated or authorized. The incidental takes authorized herein are
the same as those analyzed and authorized in the final rule (88 FR
72562, October 20, 2023). Takes of marine mammals will be minimized
through the following planned mitigation and monitoring measures, as
applicable for each specified activity: (1) implementation of seasonal/
time of day work restrictions; (2) use of multiple NMFS-approved
Protected Species Observers (PSOs) to visually observe for marine
mammals (with any detection within specifically designated zones
triggering a delay or shutdown, as applicable); (3) use of NMFS-
approved passive acoustic monitoring (PAM) operators to acoustically
detect marine mammals, with a focus on detecting baleen whales (with
any detection within designated zones triggering a delay or shutdown,
as applicable); (4) implementation of clearance and shutdown zones; (5)
use of soft-start prior to the start of impact pile driving; (6) use of
noise attenuation technology during impact pile driving and UXO/MEC
detonations; (7) use of situational awareness monitoring for marine
mammal presence; (8) use of sound field verification monitoring; (9)
use of soft-start impact pile driving and ramp-up acoustic sources
during HRG surveys; (10) implementation of vessel separation zones
between marine mammals and project vessels; (11) use of PAM within the
vessel transit corridor for Project vessels to travel over 10 knots
(11.5 miles per hour); and (12) implementation of Vessel Strike
Avoidance measures to reduce the risk of a vessel collision with a
marine mammals. Additionally, NMFS may modify the LOA's mitigation,
monitoring, or reporting measures, based on new information, when
appropriate (see 50 CFR 217.277(c)). Revolution Wind is also required
to submit reports, as specified in the final rule.
Based on the findings and information discussed in the preamble of
the final rule, the take authorized in the LOA will have a negligible
impact on marine mammal stocks, will not have an unmitigable adverse
impact on the availability of the affected marine mammal stock for
subsistence uses, and the mitigation measures provide a means of
affecting the least practicable adverse impact on the affected stocks
and their habitat.
Dated: November 21, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-26077 Filed 11-24-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 27, 2023.
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